Snooping errors twice led to wrongful detention, watchdog reveals – The Guardian

“The police have wrongly accused and detained two people in separate cases as a result of mistakes made in the disclosure of their personal communications data, a watchdog has revealed.”

Full story

The Guardian, 13th July 2012

Source: www.guardian.co.uk

Care system failures breach children’s human rights – UK Human Rights Blog

Posted July 11th, 2012 in care homes, children, guardianship, human rights, local government, negligence, news by tracey

“A & S v. Lancashire County Council [2012] EWHC 1689. The poor quality of provision for children in care was much in the headlines last week. A highly critical report by the Deputy Children’s Commissioner, which found children in many privately run care homes were at high risk of suffering violent or sexual abuse, was followed by the Government’s announcement of plans to speed up the adoption process and allow families who wish to adopt children to foster them first.”

Full story

UK Human Rights Blog, 10th July 2012

Source: www.ukhumanrightsblog.com

Refusing irrationally – NearlyLegal

“When can a Local Authority refuse to accept an application as homeless? This was a judicial review of Birmingham City Council’s refusal to accept a homeless application by the Claimant, Ms May, ostensibly on the basis that there was no change in facts from her previous application(s).”

Full story

NearlyLegal, 7th July 2012

Source: www.nearlylegal.co.uk

Social care costs cap wins favour – BBC News

“Legislation to change the funding of social care for elderly and disabled people in England could be introduced during this Parliament, Health Secretary Andrew Lansley has said.”

Full story

BBC News, 7th July 2012

Source: www.bbc.co.uk

Two Articles on Local Government Law – 11 KBW

Local Government Law Update: 27 June (PDF)
Local Government Law Update: 28 June (PDF)

11 KBW, June 2012

Source: www.11kbw.com

High Court allows Islington development and dismisses Council’s appeal – OUT-LAW.com

Posted June 28th, 2012 in appeals, local government, news, planning by sally

“The London Borough of Islington has lost a legal challenge against a Planning Inspector’s decision to allow an appeal and grant planning permission for a large-scale multi-storey student development in north London.”

Full story

OUT-LAW.com, 28th June 2012

Source: www.out-law.com

Local Government Law Update – 11 KBW

Posted June 26th, 2012 in homelessness, local government, news by sally

Local Government Law Update (PDF)

11 KBW, 20th June 2012

Source: www.11kbw.com

Camden London Borough Council v Stafford – WLR Daily

Posted June 26th, 2012 in appeals, housing, law reports, local government, notification, repossession by sally

Camden London Borough Council v Stafford [2012] EWCA Civ 839; [2012] WLR (D) 184

“A notice under section 128 of the Housing Act 1996 seeking an order for possession of a dwelling let under an introductory tenancy could not be conditional. Similarly a review of that decision under section 129 could not introduce conditions. Thus a review notice purporting to confirm the original decision to seek possession but not pursuing possession because alternatives were put in place did not confirm the original decision. If the landlord subsequently sought possession a fresh notice under section 128 would have to be served.”

WLR Daily, 20th June 2012

Source: www.iclr.co.uk

Lancashire County Council ‘failed to protect brothers’ – BBC News

Posted June 26th, 2012 in child abuse, children, local government, news, social services by sally

“Two teenage brothers who were abused while living in care are to sue Lancashire County Council after a judge ruled they had been mistreated.”

Full story

BBC News, 25th June 2012

Source: www.bbc.co.uk

Statutory funding in Catastrophic Injury Cases: Who cares who pays – Byrom Street

Posted June 19th, 2012 in compensation, local government, news, personal injuries by sally

“At the heart of this seminar lies an issue that can be stated in relatively simple terms:
‘ … reconciling the principle that a tortfeasor must meet the claimant’s reasonable expenses in coping with the injury he has caused with the ever increasing legislative burden on local authorities to provide care for those who cannot care for themselves and the ability (or otherwise) of local authorities to recoup the costs of so doing.” (per Scott Baker L.J. in Sowden v. Lodge [2004] EWCA Civ 1370 [101])'”

Full story

Byrom Street, 15th June 2012

Source: www.byromstreet.com

Tribunals could be able to order companies guilty of “systemic discrimination” to carry out equal pay audits – OUT-LAW.com

“Employment tribunals will be able to order companies who lose sex discrimination cases to disclose the gap in pay between their male and female employees under plans announced by the Equalities Minister.”

Full story

OUT-LAW.com, 18th June 2012

Source: www.out-law.com

Children: Public Law Update – Family Law Week

Posted June 18th, 2012 in appeals, children, local government, news, social services by sally

“John Tughan, barrister, 4 Paper Buildings, reviews some recent important judgments concerning children public law matters.”

Full story

Family Law Week, 18th June 2012

Source: www.familylawweek.com

Labour challenges Penlington-Pennington vote mix-up at High Court – BBC News

Posted June 13th, 2012 in elections, local government, news by sally

“The High Court is being asked to overturn a council election result after votes for a Labour candidate were wrongly given to a Conservative rival with a similar name.”

Full story

BBC News, 13th June 2012

Source: www.bbc.co.uk

Costing Services for the Disabled – Garden Court Chambers Blog

Posted June 13th, 2012 in budgets, disabled persons, local government, news by sally

“Tim Baldwin summarises an important Supreme Court decision on the duties of local authorities when providing services to disabled persons.”

Full story

Garden Court Chambers Blog, 12th June 2012

Source: www.gclaw.wordpress.com

Carers of relatives in England to get legal rights – BBC News

Posted June 11th, 2012 in budgets, carers, families, local government, news by sally

“Ministers are planning to grant legal rights for the first time to people in England who spend hours caring for elderly or disabled relatives.”

Full story

BBC News, 9th June 2012

Source: www.bbc.co.uk

Regina (KM) v Cambridgeshire County Council – WLR Daily

Regina (KM) v Cambridgeshire County Council [2012] UKSC 23; [2012] WLR (D) 171

“When a local authority was performing its duty under section 2 of the Chronically Sick and Disabled Persons Act 1970 and assessing the amount to be awarded to a disabled person, it was not irrational for the authority to use its resource allocation system and its upper banding calculator to arrive at a figure which would enable the disabled person to purchase the necessary services required to meet his eligible needs.”

WLR Daily, 31st May 2012

Source: www.iclr.co.uk

Supreme court dismisses disabled man’s care appeal in landmark ruling – The Guardian

“Judgment establishes that councils must not take cost into account when assessing disabled people’s care needs.”

Full story

The Guardian, 31st May 2012

Source: www.guardian.co.uk

Sir Arthur Conan Doyle house campaigners win court ruling – BBC News

Posted May 30th, 2012 in housing, local government, news, planning by tracey

“A High Court judge has ruled that plans to develop the former home of Sherlock Holmes creator Sir Arthur Conan Doyle ‘must be quashed.’ ”

Full story

BBC News, 30th May 2012

Source: www.bbc.co.uk

Overview of The Government’s White Paper on Anti-Social Behaviour Responses – Hardwicke Chambers

Posted May 28th, 2012 in ASBOs, local government, news, police by sally

“The Government has now issued its White Paper on the much-heralded changes to the methods presently used to tackle anti-social behaviour.”

Full story

Hardwicke Chambers, 24th May 2012

Source: www.hardwicke.co.uk

Two Articles on Local Government Law – 11 KBW

Local Government Law Update: 21 May (PDF)
Local Government Law Update: 22 May (PDF)

11 KBW, May 2012

Source: www.11kbw.com